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Legislation
Taxation (International and Other Provisions) Act 2010

CHAPTER 4 Interest capacity

  • Section 392 The interest capacity of a worldwide group for a period of account
  • Section 393 Amount of interest allowance for a period that is “available” in a later period
  • Section 394 When interest allowance is “used”
  • Section 395 Amount of interest allowance for a period of account that is “unexpired” in later period
  • Section 395A Carry forward of interest allowance: new holding company
  1. Chapter 4 · Interest capacity
  2. The interest capacity of a worldwide group for a period of account

Section 392 | The interest capacity of a worldwide group for a period of account

From legislation.gov.uk

(1)For the purposes of this Part “the interest capacity” of a worldwide group for a period of account of the group (“the current period”) is (subject to subsection (2))—

Formula

A+B

where—

A is the interest allowance of the group for the current period (see Chapter 5);

B is the aggregate of the interest allowances of the group for periods before the current period so far as they are available in the current period (see section 393).

(2)Where the amount determined under subsection (1) is less than the de minimis amount for the current period, the interest capacity of the worldwide group for the period is the de minimis amount.

(3)For this purpose “the de minimis amount” for a period of account is—

(a)£2 million, or

(b)where the period is more than or less than a year, the amount mentioned in paragraph (a) proportionately increased or reduced.

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